Reef Terraces (Three) [2007] QBCCMCmr 686 (13 December 2007)

Last Updated: 21 February 2008

REFERENCE: 0987-2007

ORDER OF AN ADJUDICATOR

MADE UNDER PART 9 OF CHAPTER 6

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997

Number of Scheme:	17926
Name of Scheme:	Reef Terraces (Three)
Address of Scheme:	121 - 137 Port Douglas Road PORT DOUGLAS QLD 4871

TAKE NOTICE that pursuant to an application made under the abovementioned Act by

the Body Corporate

I hereby order that the body corporate for Reef Terraces (Three) Community Titles Scheme shall be authorised to hold its 2007 Annual General Meeting at a date no later than 17 March 2008, notwithstanding that this is outside the time limitation specified for the holding of such a meeting under section 46 of the Body Corporate and Community Management (Commercial Module) Regulation 1997.

STATEMENT OF ADJUDICATOR’S REASONS FOR DECISION - REF 0987-2007

"Reef Terraces (Three)" CTS 17926

Application
This application has been lodged on behalf of the body corporate seeking an order which permits an extension of the due date for the AGM.

The financial year for the scheme ended on 30 September 2007, and therefore the Annual General Meeting should be held by 31 December. However, I am advised that due to other commitments, the committee will not have sufficient time to consider proposed annual budgets and proposed motions for the AGM by the due date.

The body corporate therefore seeks an order that it be permitted to hold the 2007 AGM in late February 2008 or early March 2008, notwithstanding that this is outside the time limitation specified for the holding of such meeting under section 46 of the Body Corporate and Community Management (Commercial Module) Regulation 1997.

Jurisdiction

Section 276(1) of the Act provides that an adjudicator may make an order that is just and equitable in the circumstances (including a declaratory order) to resolve a dispute, in the context of a community titles scheme, about-

(a) a claimed or anticipated contravention of the Act or the community management statement; or

(b) the exercise of rights or powers, or the performance of duties, under the Act or the community management statement; or

(c) a claimed or anticipated contractual matter about-

(i) the engagement of a person as a body corporate manager or service contractor for a community titles scheme; or

(ii) the authorisation of a person as a letting agent for a community titles scheme.

An order may require a person to act, or prohibit a person from acting, in a way stated in the order (section 276(2)). An adjudicator's order may contain ancillary and consequential provisions the adjudicator considers necessary or appropriate (section 284(1)).


Determination

Section 46 of the Commercial Module provides that an AGM must be called and held within 3 months after the end of the financial year for the scheme. However, given the circumstances of the case, I believe it is preferable for me to grant the extension sought by the applicant body corporate committee, rather than to leave open the possibility of future challenges to the validity of the AGM.

I therefore propose to order that the body corporate is authorised to hold its 2007 Annual General Meeting at a date no later than 17 March 2008, notwithstanding that this is outside the time limitation specified for the holding of such meeting under section 46 of the Body Corporate and Community Management (Commercial Module) Regulation 1997.